Employees FAQ 11

If the same person works for a
municipality in more than one capacity (e.g., as a part-time public
works employee and as a part-time custodial employee), are the jobs
considered separately for purposes of paying overtime?

No. Where an employee performs more than
one job for the same employer, the Fair Labor Standards Act (FLSA)
requires that such jobs be aggregated together to determine what
overtime over 40 hours is due. However, where a public employee, at his
or her option, works on an “occasional or sporadic basis” for a
municipality in a “substantially different capacity,” from the
employee’s regular employment, the hours worked in the different job do
not have to be combined with the regular hours for the purpose of
determining overtime liability. 29 U.S.C. sec. 207(p)(2). The Department
of Labor, in a Wage and Hour Opinion Letter, has opined that the
government of a political subdivision, including all of its departments
and agencies, constitutes a single employer under the FLSA. Fair Labor Standards Handbook Public Employers (Thompson Publishing Group) at Tab 520.